Saturday, October 20, 2018

'That's just crazy!' Open government advocates decry Racine city hall secrecy, judge's decision to seal case

For nearly two decades, Sandy Weidner has represented the residents
of the sixth district in Racine, Wisconsin, on the city council. It’s a
safe bet that she’s never encountered a situation like the one she
currently faces. In fact, no one in the city has.
Weidner is
facing an unprecedented series of court cases as she fights to retrieve
what she believes are public records and fights for her right to discuss
the case.
On Oct. 3, Weidner underwent a contempt of court
hearing in the court of Racine County Circuit Judge Eugene
Gasiorkiewicz. Weidner was initially cited with contempt for speaking
about an open records request that she was involved in. The case (Case #
2017CV001644) surrounding that request was subsequently sealed by
Gasiorkiewicz.
The
judge has said that he sealed the case “…because of the nature of the
action. It's one that shouldn't be open. I made a public policy
determination." What that means though, he won’t say as any questions
are deflected with a statement that they can’t be answered because the
case is sealed. He has said that he used a “rubric” with which to make
his determination.
The contempt hearing was initially set to be a
closed-door affair, but under pressure from numerous media outlets,
Judge Gasiorkiewicz allowed the public access. Weidner was found in
contempt and ordered to pay the attorney’s fees for the contempt
proceedings. The city had requested she pay a fine of $15,000 initially.
While
the case was a civil one, during the proceedings, Weidner frequently
invoked her 5th Amendment rights. She was represented in the case by
attorney Terry Rose, who argued that since no material information had
been disclosed, she did not violate the judge’s directive regarding the
seal on the case. Gasiorkiewicz had a differing opinion.
Weidner
was warned against any further discussion and told that the fine would
increase to $1,000 per day should she continue to discuss the case. The
initial case regarding Weidner’s records request is now being reviewed
by the appellate court.
“This whole case has been extraordinary in
the level of secrecy embraced by public authorities in the city and
county of Racine,” stated Bill Leuders, president of the Wisconsin
Freedom of Information Council.
“It’s intensely questionable that
the judge would seal the case in this way,” Leuders said before adding,
“it’s indicative of something very troubling in the city of Racine.”
It’s
a sentiment echoed by columnist David Zweifel in an October 15 story in
The Capital Times where he wrote, “Someone ought to give the
powers-that-be in Racine's city attorney's office and the county's
courthouse a copy of Wisconsin's open records law. It's obvious that too
many believe that since they're in office they don't have to answer to
anyone but themselves.”
Leuders did have some hope that what he saw as a wrong would be righted.
“We
do believe this is an anomaly and I’m optimistic that the appellate
court will reject the secrecy practiced and approved of by this judge,”
he said.
While the case has received some attention across the
state, the question remains as to if people are, and should be, outraged
by it.
“I don’t think that people who aren’t in Racine are
necessarily up in arms over this,” Leuders said “but people in Racine
should be up in arms. They are the ones paying for this foolishness.”

Art For Art's Sake

From rhe Shepherd Express
, Art Kumbalek comes with his column "Art For Art's Sake," more or less every Tuesday. Art's been doing this for more than 30 years, so he must have something to say.

Dear Madame Zoltar

Every Wednesday, Madame Zoltar responds to your queries and comments in her blog, Dear Madame Zoltar. Are the stars in your favor? What to do with that 401K? Find out by sending your questions and thoughts to: madamezoltar@jtirregulars.com

NORML

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